Privacy & Terms

BODY HARMONICS PRIVACY POLICY

Body Harmonics Pilates Inc. (‟Body Harmonicsˮ) is committed to protecting your privacy. Our primary goal in collecting personalized and company information is to provide Body Harmonics customers/clients with superior service. We use customer contact information to provide information about new products and services, to send promotional information, to enhance the operation of our websites and to administer our system. We also use this information to inform the development and/or enhancement of our products and services.

About this notice

This notice describes our Privacy Policy. By visiting www.bodyharmonics.com, digital.bodyharmonics.com, bhoondemand.com a Body Harmonics facility you are accepting the practices described in this Privacy Policy.

Personal information we collect

We receive and store information that you supply to us via our websites (including Body Harmonics On Demand, powered by Uscreen) and regular operations. This includes information such as your name, company name, email address, billing address, mailing address, billing information, credit card number, credit card expiration date, shipping address, website usage password, e-newsletters opt-in options and third party opt-in options. This may also include information provided by you to us via email, phone customer service, regular mail and courier services, or questionnaires. We also receive and store certain types of information whenever you come to our websites. For example, as is common practice, we use ‟cookiesˮ and similar technology, to obtain and determine certain information when your browser accesses our websites including, but not limited to, the Internet Protocol (IP) address used to connect your computer to the Internet, email address, browser type and version, operating system and platform.

The way we use your personal information

Our customers’ personal information is a very important part of our business, and we are not in the business of selling such information to others. We only share such customer information with affiliated or partner companies (‟Partnersˮ) who have agreed to be bound by the terms and conditions of our Privacy Policy as outlined herein and for which you have authorized disclosure to such partners.

We may send offers to selected groups of Body Harmonics customers on behalf of other businesses. When we do this, we do not give that business your name, email address or any other personal information. If you do not want to receive such offers, please opt-out or adjust your subscription preferences. Links to do so can be found in all of our mass email communications, or you may contact us directly to indicate your preferences.

Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

When you link to a third-party website from a Body Harmonics website or social media platform

When you click links and/or banners that take you to third-party websites you will be subject to the third parties’ privacy policies. While we fully support the protection of privacy on the Internet, we cannot be responsible for the actions of third parties and urge you to read and understand the privacy policies of such sites.

How Body Harmonics protects your information

To prevent unauthorized access, maintain data accuracy and ensure the correct use of information, Body Harmonics has in place appropriate physical, electronic privacy and managerial procedures to safeguard and secure your personal information. In order to provide superior service to you, all online credit card transactions are handled by established third-party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and/or ship your order. Within Body Harmonics your information is kept on password protected, limited-access servers. Wherever possible and applicable our servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.

Body Harmonics complies with the Personal Information Protection and Electronic Documents Act (PIPEDA), a Canadian law that sets out ground rules for how private sector organizations may collect, use or disclose personal information in the course of commercial activities.

In our Health Clinic we also adhere to Ontario’s Personal Health Information Protection Act (PHIPA) with regard to keeping personal information private. Client health records are kept confidential at all times, and this information is not shared with anyone, including professional colleagues, unless client permission is expressly provided.

Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognize your browser and to provide features for using Body Harmonics websites. The ‟helpˮ portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of Body Harmonics website features, and we recommend that you leave them turned on.

If you have questions about our Privacy Policy, please contact:

Body Harmonics Privacy
672 Dupont Street, Suite 406
Toronto, Ontario
Canada M6G 1Z6
Tel: 416.537.0714
Fax: 416.537.5195

You may also email us your inquiry: ondemand@bodyharmonics.com

TERMS OF USE FOR BODY HARMONICS WEBSITES

Body Harmonics Pilates Inc. (‟Body Harmonicsˮ and ‟ourˮ) provides services to you subject to the following Terms of Use. If/when you use Body Harmonics Websites, including our On Demand platform powered by Uscreen (together ‟Websitesˮ), your use constitutes your unconditional agreement to follow and be bound by the terms and conditions outlined in these Terms of Use. Please read them carefully. Body Harmonics reserves the right to update or modify these Terms of Use, and for this reason, we encourage you to review them each time you use our Websites.

Definitions

– ‟Body Harmonicsˮ and ‟ourˮ refers to Body Harmonics Pilates Inc. and/or the Body Harmonics trademarked brand name.

– ‟Terms of Useˮ refers to these Website Terms of Use.

– ‟Websitesˮ refers to any/all websites and/or video streaming platforms and/or URLs and/or social media platforms/sites owned and/or applications operated by Body Harmonics.

– ‟Affiliatesˮ refers to any individuals or businesses affiliated with and/or authorized by Body Harmonics to promote our products, services and/or use our intellectual property via their own websites and online platforms.

Body Harmonics On Demand

Subscriptions on the Body Harmonics On Demand platform, powered by Uscreen, are auto-renewable:

– Payment will be applied at confirmation of purchase.

– Your subscription will renew and your account will be charged within 24 hours of the end of your current subscription or free trial period, and you will be informed of the cost of renewal.

– You may manage your subscription(s) and/or turn off auto-renewal in Account Settings after purchase.

– Any unused portion of a free trial period, if offered, will be forfeited when you purchase a subscription, where applicable.

– Canadian taxes will be remitted by Body Harmonics.

– Terms are subject to change. Please review our Terms page regularly and prior to resubscribing.

Please note the following subscription policies that have been put in place by Body Harmonics to prevent fraudulent use of Body Harmonics On Demand:

– Free trials offered, if any, are at the discretion of Body Harmonics and may only be redeemed once per customer (multiple free trials are not permitted).

– Body Harmonics on Demand has the right to add change, or remove programming at anytime without notice

– Only one email address is permitted per online payment system/account.

– Only one email address is permitted per customer account. Any customer suspected of using multiple accounts to obtain more than one free trial may have their accounts terminated.

– Discount codes, if any, may only be used by the intended recipient and/or as outlined by Body Harmonics.

– Account holders may not share login details with others.

– Body Harmonics On Demand does not guarantee as to the availability of specific subscription digital content or the minimum amount of subscription digital content available in any subscription.

– Body Harmonics On Demand is hosted by a third party platform. As a result, subscription services/features or the content in their services may be changed or discontinued. Body Harmonics On Demand is not responsible for the content contained in any third-party subscription service or the features of these services.

– Body Harmonics On Demand customer accounts may be audited to prevent duplication and/or misuse.

Privacy

Body Harmonics takes your privacy seriously. Please review our Privacy Policy. This Privacy Policy also governs your use of Body Harmonics Websites and is intended to help you understand our practices.

Electronic communications

When you visit our Websites or send e-mails to us, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically via notices posted to our Websites. If you email us, you consent to receiving a personal reply from us or our Affiliates via email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and in compliance with Canadian privacy laws.

We may send offers to selected groups of Body Harmonics customers on behalf of other businesses. When we do this, we do not give that business your name, email address or any other personal information. If you do not want to receive such offers, please opt-out or adjust your subscription preferences/profile. Links to do so can be found in all of our mass email communications, or you may contact us directly to indicate your preferences. Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share that information.

Your access and use of Body Harmonics Websites

Body Harmonics grants you a limited license to access and make personal use of our Websites but not to download (other than page bookmarking or page caching) or modify it, or any portion of it, except with express written consent from Body Harmonics. This license does not include any resale or commercial use of our Websites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of our Websites or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Websites other than the search engine and search agents available from our Websites and other than generally available third party web browsers (e.g., Netscape Navigator, Internet Explorer, Firefox, Safari). No portion of our Websites may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Body Harmonics.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Websites or our Affiliates’ sites without express written consent. You may not use any meta tags or any other ‟hidden textˮ utilizing Body Harmonics name(s) or trademark(s) without the express written consent of Body Harmonics. Any unauthorized use terminates the permission or license granted by Body Harmonics.

You are granted a limited, revocable, and nonexclusive right to create hyperlink(s) to the home page(s) of our Website(s) so long as the link does not portray Body Harmonics and/or our Affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Body Harmonics logo or other proprietary graphic or trademark as part of the link without express written

You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Websites other than the search engine and search agents available from Body Harmonics (and/or our Affiliates) on our Websites, and other than generally available third party web browsers (e.g., Netscape Navigator, Internet Explorer, Firefox, Safari).

Your account

If you use our Websites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. In effect, you agree to accept responsibility for all activities that occur under your account or password.

Site content

Body Harmonics and our Affiliates try to be as accurate as possible. However, we do not warrant that content on our Websites is accurate, complete, reliable, current or error-free. While Body Harmonics strives to keep the information on our Websites accurate, complete, and up-to-date, Body Harmonics, our Affiliates and suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness or timeliness of the information.

Websites disclaimer

Body Harmonics Websites and Affiliate sites are provided on an “as is” and “as available” basis. Body Harmonics makes no representations or warranties of any kind, express or implied, as to the operation of our Websites or our Affiliates’ sites or the information, content, materials or products included on them. You expressly agree that your use of our Websites is at your sole risk. To the full extent permissible by applicable law, Body Harmonics disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

Body Harmonics does not warrant that our Websites, servers or email sent from Body Harmonics Websites are free of viruses or other harmful components. Body Harmonics will not be liable for any damages of any kind arising from the use of our Websites, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

This disclaimer does not apply to any product warranty offered by the manufacturer of the item. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you. All online transactions on our www.bodyharmonics.com website are processed in Canadian currency.

Copyright

All copyrightable content on Body Harmonics Websites, including but not limited to text, video, eBooks, graphics or code is protected by Canadian and/or international copyright laws and is the property of Body Harmonics, which is incorporated in Ontario, Canada.

Body Harmonics grants you permission to electronically copy and/or print out portions of our Websites for personal reference use only or for purposes of purchasing Body Harmonics products or services or enrolling in Body Harmonics programs. Any other use of our Websites, including the sharing of our video and eBook products, and their content is reserved by Body Harmonics.

Trademarks

Body Harmonics®/™, Body Harmonics Pilates®/™, Body Harmonics®/™ Pilates & Movement, Body Harmonics®/™ Movement, cueing formula™, progressive sequencing™, Body Harmonics®/™ Foundations, Moving you to good health!™, Move well forever™, Moving well forever™, Building bodies that last™, A Better Way to Move™, Shoptalk™, and Move well. Teach well. Be well.™ and other marks indicated on our Websites and the logo forms of the foregoing marks, are trademarks and/or service marks of Body Harmonics and may be registered in Canada, the United States and/or in other jurisdictions, including internationally. Such trademarks, service marks and trade dress may not be used in connection with any product or service that is not affiliated with Body Harmonics in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Body Harmonics. All other trademarks not owned by Body Harmonics that appear on our Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Body Harmonics.

Limitation of liability

Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall Body Harmonics, our Affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use our Websites, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Body Harmonics has been advised of or should have known of the possibility of such damages. In no event will Body Harmonics be liable for any damages in excess of the fees paid by you in connection with your use of our Websites during the six-month period preceding the date on which the claim arose.

The information (including, without limitation, advice and recommendations) and services on our Websites are intended solely as general educational and do not constitute medical or healthcare advice for any individual problem; nor are they substitutes for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Any professional, medical or healthcare advice should be obtained exclusively from a licensed practitioner in your jurisdiction.

Nothing contained in Body Harmonics Websites should be used for medical diagnosis or treatment. The information and services are provided with the understanding that Body Harmonics, our Affiliates, suppliers or users are not engaged in rendering legal, medical, counselling, or other professional services or advice.

Pilates/movement/exercise programs, videos, eBooks and products disclaimer

Please note the following important cautions before using any exercise program or product produced or provided by Body Harmonics, including from our Websites and our Affiliates’ sites:

Not all exercises are suitable for everyone, and any exercise program may result in injury. Consult with your doctor before embarking on an exercise program from Body Harmonics, our Websites, Affiliates or any other exercise program. To reduce the risk of injury, never force or strain during exercise. If you experience pain or discomfort during exercise, stop immediately and consult your doctor. Certain special cautions apply to this or any other exercise program. For that reason, you should consult your doctor to find out if special restrictions apply to you.

The creators, producers, performers, participants and distributors of any and all programs offered by Body Harmonics and/or our Websites and/or our Affiliates cannot guarantee that the programs are safe and proper for every individual. For that reason, all programs from Body Harmonics, our Websites and Affiliates are sold without warranties or guarantees of any kind. Any liability, loss or damage in connection with these programs, including but not limited to any liability, loss or damage resulting from the performance of the exercises demonstrated here, or the advice and information given here is expressly disclaimed.